Contractual Liability of the State: A Comparative Analysis

  • Fagun Sahni and Disha Basnet
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  • Fagun Sahni

    Student at School of Excellence in Law, India

  • Disha Basnet

    Student at School of Excellence in Law, India

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Abstract

The State is a multi-dimensional being that exists and operates in different spheres with different characteristics. In International Law, State is a sovereign which has the power to dictate the Laws by which it would be bound, whereas in Indian Municipal Law or Domestic Law, the Constitution is Suprema Lex and nothing, not even the State is above it. The Constitution of India prescribes and governs the manners in which the Indian State will interact with external stimuli within which includes the existence and functioning of the State as an individual entity that has the capacity to enter into contractual relations with any public, private, or individual entities in the Indian terrain. As in the case of any other entity, a contract entered into by the Indian Government can be enforced against it, provided all the pre-requisites of a valid contract are fulfilled, alongside the public policy element which is an addition to the existing contractual norms when it comes to contractual liability of the Indian Government. This article analyses the Contractual Liability of Indian Government in context of the Constitutional provisions and judgments rendered by the Constitutional Courts of the Country, as well as compares them to different jurisdictions across the globe.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4480 - 4487

DOI: https://doij.org/10.10000/IJLMH.111028

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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